Board of Directors Meeting

ZAPATA HOMEOWNERS ASSOCIATION

Board of Directors Meeting

August 20, 2010 

Call to Order:  The Board of Directors for the Zapata Homeowners Association held its regular meeting Friday, August 20, 2010, at the Mosca Community Building at 5:30 PM. 

Board Members Present:  Jack Zeman, Joe Funk, Erin Smith, Jim Jones and John Clark.  Member Jerry Grandey arrived after the meeting was called to order and his entrance will be noted later in the minutes.  Administrator Cindy Chapman also was present along with the following property owners:  Bob and Joyce Ausberger. 

Approval of the Agenda:  A vote was taken to approve the agenda as presented.  The vote was unanimous. 

Approval of the Minutes of the July 16, 2010, Board Meeting:  A vote was taken to approve the minutes from the July 16, 2010, board meeting.  The vote was unanimous. 

Approval of the Minutes of the August 7, 2010, Annual Meeting:  A vote was taken to approve the minutes from the August 7, 2010, board meeting.  The vote was unanimous. 

Approval of the Bills to be Paid:  Administrator Cindy Chapman requested that check #2086 be included in the listing of bills to be paid.  This check is in the amount of $2,040.00 to Cooley and Sons for road grading totaling 24 hours @ $85/hour over the past month.  Erin Smith asked what road work was done by Cooley and Roy Castleberry that together total approximately $6,000. Joe Funk explained that the work done by Roy was for wash outs caused by recent rains which required culverts to be cleared and damage to roads repaired.  Also Cooley had moved his equipment onto the subdivision over a month ago and was able to pack roads because of the recent rains. 

Board member Jerry Grandey entered the meeting at this point. 

     Jerry Grandey moved to approve the bills as presented with the inclusion of check #2086 to Cooley and Sons in the amount of $2,040.00.  John Clark seconded and the motion carried unanimously. 

Administrator’s Report:  Administrator Cindy Chapman presented the list of her activities for the last month: 

1. Blosser letter formatted to obtain board signatures and mailed.
2. Russum letter formatted to obtain board signatures and mailed.
3. Request from The Cline Agency for current financials and lawsuit status for new D & O insurance carrier.  Also obtained signature of Jack Zeman on one document missed.
4. Updated financial information for July newsletter.
5. Newsletter emailed to printer for printing and distribution.
6. D. George request for memorandum from Erich concerning Covenants/Bylaws changes.  Sent on for board approval before sending.  Approval given and all requested documents were provided to Mr. George.
7. Updated Policy Index to include Policy #28.  Posted updated index and policy on website.
8. Final PayPal transfer of $209.60 requested for deposit into ASB account.
9. Annual Meeting documents/database updated assigning proxies where necessary for member sign in.  Brats/tableware/water picked up as well.
10. Notice received from United States Bankruptcy Court on Bradley S. and Colleen E. Olson.  They presently owe $345.00 in dues/late/lien fees.  Forwarded information to Erich Schwiesow and Charles Gray of Carlton Collections who has cancelled their account.
11. Blosser documentation copied and given to Erich prior to August 23, 2010, hearing date.  Also prepared two copies of this documentation to take to hearing and prepared to give testimony on this date.
12. Notified board members of the formal resignation of Marty Russum from the Board of Directors.  This opens up one more 2-year term to be filled if possible.
13. Prepared Board notebooks for two new board members:  Erin Smith and John Clark.
14. July bank statement reconciled.
15. End of Month report reconciled with Carlton Collections.
16. WDIII letter and supporting pictures on Blanca Place Augmentation Structure sent to ZHA board members and saved electronically.
17. TNC reply letter to March 16, 2010 MOU sent board members.  Scanned in to retain electronic documentation.

Cindy informed board members that she and Jack Zeman will be attending a court mediation session on Monday, August 23, 2010, with Erich Schwiesow concerning the Mark Blosser request to have all back dues/late fees/lien fees reimbursed because he had purchased this lot through a bankruptcy proceeding in 2008.  Cindy also reminded the board that she will be leaving on September 8, 2010, and returning on September 20, 2010, so would like all bills to be in by September 7, 2010.  She will also put a message on the ZHA answering machine on this information and to contact a board member in an emergency. 

Committee Reports 

Architecture:

     ▪Roach Update:  Chairman Jack Zeman stated that direction just needs to be given to Erich to proceed with the removal of illegal buildings on Roach’s property.  Jack has held off mainly because of the financial condition of the Association. 

Tom and Carrie Scrima have submitted plans to add a spur on to their existing driveway to allow for horse trailer parking and to add sand to an 80-foot horse walking area.  Clarification needs to be given that, if this is an arena, they cannot proceed without the proper paperwork being submitted.  Jerry also asked to obtain assurance that they are not running a commercial horse operation. 

Communication:  Chairman Jack Zeman stated that a newsletter would be going out in the near future to highlight the annual meeting and a new gate code change.  Cindy suggested holding off until after the 2011 budget information is available for membership notification to save on printing/posting costs.  Jack stated that he is still trying to obtain all administrative controls so that if the website should go down, someone besides Shane can make necessary repairs.  John Barnes has also offered his assistance in this area.

Fees & Budget:

     ▪Rockwood Lots/craigslist:  Erin Smith has volunteered to serve as chairperson of this committee and this being said and now that she is serving on the board, will be able to offer her password to manage the sale of the Rockwood lots through craigslist.  She would also like to get started on the 2011 budget process as soon as possible.  Discussion on this topic will be addressed later under New Business. 

Fire:

     ▪Proceeding with Fire Station Construction:  Chairman Jerry Grandey stated that the last word from the Alamosa County Fire Protection District (ACFPD) on construction of a fire station has had an encouraging tone.  Jerry stated he and Jack feel that grant money opportunities have been missed because of lack of attention by Pete Magee, Alamosa County Emergency Services Manager.  That being said, Jerry feels that it is time to move forward with what can be done by the ZHA.  The Firehouse Resolution adopted by the board on November 20, 2009 was read.  The first step is to retain an architect with a needs assessment survey being the next step.  Jerry presented a Letter of Proposal from CR Architecture and Design.  A needs’ assessment will be developed followed by a concept plan that will be developed around the results of the needs assessment.  There has been some ambiguity from Alamosa County Land Use as to being able to build the firehouse on a greenbelt.  CR has offered to help clear up this ambiguity by directly contacting Ken VanIwarden @ Alamosa County Land Use. 

The needs assessment basic services part of the process will cost $5000.00.  This will involve filling out a detailed questionnaire with ZHA, ACFPD and Mosca/Hooper Fire Department.  This will provide solid information on how to proceed forward with the construction.  If all goes well, the next step will be the Optional Additional Service #1 for a Conceptual Site Analysis Phase Services at the cost of an additional $5000.00.  If was suggested using CD monies set aside for the firehouse construction to get this process started.  As the process progresses, grant monies may become available to assist in the construction.  Discussion followed on how some of these grant monies might be obtained and who to contact.  The ZHA will have to push to get results with the first step being getting on the Alamosa County Commissioners agenda to discuss this firehouse construction.  Jerry reminded everyone that it took four years to get the temporary firehouse on TNC property and that since being placed at TNC; the apparatus has not been used in any firefighting efforts.  Erin voiced her concern about volunteers coming from the subdivision, age, ability, etc.  Jerry stated that there have been members who have stated that they would like to be trained to Firefighter 1 status.  Jim Jones said he feels the Mosca/Hooper has not assigned a volunteer to man the apparatus at TNC during a fire.  Trained responders from the ZHA will join the volunteers on Mosca/Hooper Fire Department to fight fires in accordance with the protocol that they follow.  Jack stated that in the construction, a watchtower might be appropriate to be manned by volunteers to spot developing fires. 

     Jerry Grandey moved to accept the August 18, 2010 proposal by CR Architect and Design which will require the ZHA to spend $5000.00 for the Basic Services.  Any further services will be approved by the ZHA as needed.  Jim Jones seconded and the motion carried unanimously.  During discussion before approval, Erin voiced her concern that the membership had not been appraised of this proposal to which Jack replied that this very topic had been addressed at the Annual Meeting by Jerry during his committee update per the minutes.  Cindy informed board members that the Firehouse CD matures on September 22, 2010.  Monies drawn out of this CD will be deposited into a separate bank account so as not to become comingled with operational monies.  This proposal will be given to Erich to review and when obtaining his approval, the firehouse resolution and signed proposal will be sent to CR and ZHA neighbors. 

    Erin Smith moved to send this decision to a list of ZHA neighbors and other entities to be drawn up by Jack Zeman and Jerry Grandey.  John Clark seconded and the motion carried unanimously. 

Governance:  Erin Smith volunteered to serve as chairperson of this committee.  She has a four member committee who will again begin working on a new set of Covenants with the goal being a simple document to govern the subdivision. 

Physical Improvements:  Chairman Joe Funk stated that some of the roads on the subdivision had been graded and packed after the recent rains.  There had been a few wash outs but nothing major.  He feels that the work done on Lake of the Falls has helped keep the road in really good shape. 

Water:

     ▪Augmentation Site Changes:  Chairman Jim Jones stated that a letter had been received from Water Division III Well Measurement Technician Steve Rivera stating that the measures taken by the ZHA from his prior inspection had not been done correctly but Rivera had not actually inspected these changes just stating that if they were done as he had outlined there was no reason he should come re-inspect.  Joe is aware of what needs to be done which he will do at no cost to the subdivision and then will obtain written approval from Water Division III. 

Jim also mentioned the letter recently received from TNC regarding the ZHA Memorandum of Understanding concerning water issues.  TNC addressed each item listed on the MOU with issues as to why TNC would not agree.  Jim also stated that he had notified Erich of this latest issue and Erich had sent out a draft reply that Jim had not seen yet. 

     ▪August 5, 2010 Meeting Update w/Erich:  The Executive Water Committee met with Erich on August 5, 2010 to address the following issues:  1) Response to Water Division III concerning shutting down of the Upper Lake dam.  This is a non-jurisdictional dam but Water Division III must believe they have jurisdiction because there is now a house below the dam and they can invoke public safety as their reasoning for taking over jurisdiction; 2) Response to Water Division III letter stating it is ZHA responsibility for keeping streams clear and to obtain clarification as to areas WDIII has identified these blockages.  If the ZHA installs a bridge/road/culvert over a stream, it is the ZHA’s obligation to keep these operational but if a tree falls across a stream, that is not the ZHA’s responsibility; 3) Response to Bob Schultz’s statements that he has repeatedly warned the ZHA of stream blockages with no response.  It is the ZHA opinion that verbal warnings are not sufficient and that any verbal warning should be followed in writing.  This letter also will inform WDIII that the ZHA will notify WDIII when augmentation is being done at the Blanca Place Augmentation Site both verbally and in writing.  This site was recently shut down so no augmenting is taking place because of the letter from WDIII as mentioned above.  Erich is also looking into getting the Ryan Stipulation into the ZHA’s control. 

Welcome:  John Clark will be head of this committee.   Cindy will send him the documentation that has been developed so far for this committee. 

Old Business: 

     ▪Unit III – Application Filing Update:  As nothing has been done on this issue for over a year, the board has decided to call the question and ask to be put on an upcoming agenda of the Alamosa County Commissioners to obtain resolution. 

     ▪Schwalm Lawsuit:  Depositions are scheduled to begin in September with the court date still set for sometime in December. 

     ▪Trespassing Signs – Mercier Property:  Jack visited with Sharon and Marvin on Wednesday July 21, 2010.  He found three small no trespassing signs, one on Colima Place and two on Colima Court.  Marvin explained that he put the signs up last year because there had been vehicles with young adults parking on Colima Court late in the evening.  He did not know who the vehicles belonged to and had no problems with the occupants.  After explaining there was a complaint about the signs, he indicated that he would take down one of the signs on Colima Court, but felt he needed to keep the other two signs posted.  Jack explained that according to the Architectural Guidelines only a “For Sale” or a “For Rent” sign may be posted and that he was gathering information about the incident and would report his findings to the board and that further action may be taken to ask them to remove the signs.  Jack also told him that the board had recently approved posting of “No Trespass” signs on property lines that bordered greenbelts.  Joe felt that “No Trespass” signs should not be allowed on the street side of any property.  Jim also felt that it is poor public and community relations to allow these signs to be posted and that the front gate should show that no trespassing is enforced. 

     John Clark moved to enforce the governing documents of the subdivision regarding the posting of “No Trespass” signs and to notify the Merciers in writing on this decision.  Joe Funk seconded and the motion carried unanimously.  Jack Zeman will write a response letter concerning this issue to the Merciers if he finds that these signs have not been removed. 

     ▪Scrima Fence:  Jack reported that the Scrimas have removed the fence on the south boundary of their property along Lake of the Falls that was in the road right-of-way.  However, the posts and fencing materials are just lying on the ground and have not been removed.  Jack also stated that John White had contacted the Scrimas addressing a number of issues that different property owners have had with them over the years as John’s last act as Chairman of the Board.  John W. will report back to the board on his findings. 

     ▪Entrance Modification:  At the July board meeting, John White had presented a drawing of his proposed changes to the front entrance of the subdivision by removing the large sign and put the lettering HOA on each of the Zapata signs and allow natural vegetation to grow in.  Joe has suggested salvaging the letters on the large sign for future use.  After discussion, the board approved of this proposal and will have John White set up a volunteer workday in the near future to implement these changes.  John Clark also asked if there were flags that could be flown by the entrance gate.  Erin stated that she has an American flag given to her by Senator Allard that had been flown over the U.S. Capitol   that she had given to the subdivision that could be flown.  She will coordinate with John to get this flag and John will be responsible for managing the flag. 

     ▪Third Signature on Bank Account:  Due to the recent resignation of Marty Russum, it is necessary to find a third signature on the Alamosa State Bank account.  Joe Funk and Jack Zeman are already on this account . 

     Jerry Grandey moved to have John Clark be the third signatory  on the Alamosa State Bank checking account.  Jim Jones seconded and the motion carried unanimously. 

New Business: 

     ▪Election of New Officers:  This being the first meeting after the Annual Meeting, it is necessary to seat a new slate of officers for the upcoming year. 

     Jim Jones asked that nominations be closed and asked the secretary to cast a unanimous ballot for the following slate of officers for the 2010-2011 year:  Chairman/President – Jack Zeman; Co-Chairman/Vice President – Jerry Grandey; Secretary – Joe Funk; Treasurer – John Clark. 

     ▪Committee Chair Assignments:  The following will be the list of committee chairman for the 2010-2011 year:  Architecture – Jack Zeman; Communication – Jack Zeman; Fees & Budget – Erin Smith; Fire – Jerry Grandey; Governance – Erin Smith; Physical Improvement – Joe Funk; Water – Jim Jones; Welcome – John Clark. 

     Jerry Grandey moved that the above committee chair appointments be accepted for the next year.  Seconded by Joe Funk and the motion carried unanimously. 

     ▪Review of Governing Documents:  As this is a new board and a new year, it was necessary for this board to review the governing documents of the ZHA and to state what Covenants will be enforced. 

     Jerry Grandey moved that for the year 2010-2011 that the board will support both the 1975 and 1981 Covenants.  Jim Jones seconded and the motion carried unanimously. 

     ▪Begin 2011 Budgets:  The new Fees & Budget Committee chair Erin Smith asked if it would be possible for committee chairs to have their budget figures to her committee by September 25 and to think about their committee’s strategic plan for 2011 when developing their budgets.  Cindy will format the budget spreadsheets and send out to all committee chairs as soon as possible so that they can begin developing their 2011 budgets to have back to Fees & Budget by the end of September.  Jim stated that if the Rockwood lots are not sold by year-end that the projected income from these sales is not included in the 2011 budgeted income figures. 

ACTION ITEMS 

20 Minute Open Forum:  

  Bob and Joyce Ausberger gave their new phone number to be listed in the ZHA Phone Book.  They also asked about installing berms on Aarastre above their property be included in next year’s budget. 

Joe Funk asked that all property owners using the dumpster not throw their garbage on top of the dumpster if it is full and to just hold this garbage until the dumpster is emptied.  Joe should be contacted if the dumpster is not being emptied in a timely manner. 

Adjournment:  The next regular meeting of the Zapata Homeowners Association will be held on Friday, September 17, 2010, at 5:30 PM at the Mosca Community Building. 
 

_______________________________________

Joe Funk, Secretary